NOM BLOG

National Organization for Marriage Praises U.S. Supreme Court for Reviewing Proposition 8 Case Group Predicts that Prop 8 Will Be Upheld

 

FOR IMMEDIATE RELEASE: December 7, 2012

Contact: Elizabeth Ray or Jen Campbell (703-683-5004)


"We believe it is a strong signal that the Court will reverse the lower courts and uphold Proposition 8. That is the right outcome based on the law and based on the principle that voters hold the ultimate power over basic policy judgments and their decisions are entitled to respect."—John Eastman, NOM chairman—

National Organization for Marriage

Washington, D.C.— The National Organization for Marriage (NOM) today praised the U.S. Supreme Court for agreeing to grant certiorari in the case determining the validity of Proposition 8:

"We believe that it is significant that the Supreme Court has taken the Prop 8 case," said John Eastman, NOM's chairman and former Dean (and current professor) at Chapman University School of Law. "We believe it is a strong signal that the Court will reverse the lower courts and uphold Proposition 8. That is the right outcome based on the law and based on the principle that voters hold the ultimate power over basic policy judgments and their decisions are entitled to respect."

NOM was the largest contributor to qualifying Proposition 8 to the ballot and has been a major supporter of legal efforts to uphold it. The trial court in San Francisco—in a trial presided over by a homosexual judge involved in a long-term same-sex relationship—invalidated Prop 8, finding for the first time in American history a right to same-sex marriage under the 14th amendment to the U.S. Constitution. The Ninth Circuit Court of Appeals, in a decision written by Justice Stephen Reinhart, largely ignored the trial court's reasoning and fashioned a ruling devoid of precedent, claiming that once a state has "approved" same-sex marriage, it cannot take it away. But California voters never approved gay marriage. Instead, a sharply divided state Supreme Court, in a 4-3 ruling, imposed gay marriage. Voters overruled it with the passage of Proposition 8 several months later.

"Had the Supreme Court agreed with the lower courts' decisions invalidating Proposition 8, it could simply have declined to grant certiorari in the case," Eastman said. "It's a strong signal that the justices are concerned with the rogue rulings that have come out of San Francisco at both the trial court and appellate levels. It's worth noting that Judge Reinhart is the most overruled judge in America. I think this case will add to his record."

Today, the U.S. Supreme Court also announced they will review the Windsor case that attempts to overturn the Defense of Marriage Act (DOMA), which was passed by a bipartisan majority in Congress in 1996 and signed into law by President Clinton, defining marriage for the purpose of federal law as the union of one man and one woman.

"We are pleased that the Supreme Court will review lower-court decisions that invalidate the judgment of the U.S. Congress to define marriage as one man and one woman," Eastman said. "It's not the job of federal judges to substitute their views for the policy judgments of the people's duly elected representatives. We believe the U.S. Supreme Court will overturn this exercise in judicial activism and stop federal judges from legislating from the bench on the definition of marriage. We're confident the Court will uphold DOMA."

The Prop 8 case is Hollingsworth v. Perry, No. 12-144.
The DOMA case is Windsor v. United States, No. 12-307.

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To schedule an interview with John Eastman, Chairman, or Brian Brown, President of the National Organization for Marriage, please contact Elizabeth Ray (x130), [email protected], or Jen Campbell (x145), [email protected], at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).